What methods does Fitstop use to convey operating procedures, methods, techniques, and processes to franchisees?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
om members who have placed orders via the internet or from another franchisee in the network.
- 6.13 Social Media Use and Participation. You must adhere to our social media policy as described more fully in the Manual(s). Any social media activity proposed to be undertaken by you that is not in conformance with the Manual(s) must be approved in writing by us in advance. You must comply with our directions in relation to such activity and if the relevant social media activity is not removed after being directed by us to be so removed, you authorize us to remove any social media activity that is not approved or authorized by us. You must not disparage us or any of our other franchisees on social media and must not post anything to social media that brings harm or disrepute to the Franchise System. Doing so is a material breach of this Agreement.
- 6.14 Member Loyalty Program. We may, in our discretion, establish and operate a Member Loyalty Program from time to time. You must participate fully in any Member Loyalty Program which we decide to establish and implement. The terms on which you will participate in the Member Loyalty Program will be set out in the Manual(s) from time to time but for the avoidance of doubt will be necessary to protect or promote our legitimate commercial interest. You must purchase from us the cards, application forms, and other materials for use in connection with the Member Loyalty Program prior to its commencement date and as and when required in the operation of the Franchise in accordance with the Manual(s). We may, in our reasonable discretion, by written notice to you at any time: (1) vary the terms of the Member Loyalty Program or (2) withdraw from supply the cards, application forms and other materials for use in connection with Member Loyalty Program.
- ©2024 Fitstop USA, Inc. 6.15 Ongoing Consultation. We will make staff available to you for consultation on operations, advertising, and promotion, and administration, as we determine appropriate in our discretion. We will provide continuing assistance to you in the development and operation of the Franchise with scheduled meetings which may occur weekly, monthly, and/or quarterly with dedicated business performance coaches. We will not and cannot, however, provide you with consultation related to employment practices
or procedures as this is explicitly within your purview to determine and to ensure that you are in compliance with federal, state, and local laws.
Section 7: Confidential Information and Non-Disclosure
- 7.1 We have expended and continue to expend significant time and resources developing in connection with the Franchise System certain brand standards, confidential information, and know-how relating to the administration and operation of a franchised businesses including all systems, processes, procedures, software, databases, logos, manuals, advertising information and promotional materials ("Confidential Information"). Such Confidential Information includes, but is not limited to, (i) our Manual(s), forms, the information contained and compiled therein, and the updates and memoranda thereto; (ii) training information and methodology; (iii) advertising plans and methodology; (iv) names of contractual arrangements with agents, suppliers, and customers, and their requirements, specifications, and preferences; (v) the contractual arrangements with agents, suppliers, and customers; (vi) the financial details (including but not limited to credit and discount terms) of relationships with our agents, suppliers, or customers; (vii) the names of prospective customers and their requirements, specifications, and preferences; (ix) the software; (x) information concerning and presented at our seminars, conferences, or conventions; (xi) security access information; (xii) information provided through initial and supplementary training; and (xiii) our business plans and strategies, names of agents, suppliers, and customers and their requirements, specifications, and preferences.
- 7.2 You acknowledge that we own all proprietary rights in and to the Confidential Information, in its entirety, and that the Confidential Information constitutes our confidential trade secrets. Without our prior written consent, you shall not disclose the Confidential Information to any person, except employees of the Franchise for purposes related solely to the operation of the Franchise, nor shall you reprint or reproduce any Confidential Information we may provide to you, in whole or in part, for any purpose except in connection with instruction of employees in the operation of the Franchise. You acknowledge that any Confidential Information we provide to you or your employees will at all times be and remain our property.
- 7.3 You acknowledge that, whether or not we denote, label, or mark the Confidential Information as confidential you shall treat the Confidential Information as confidential and should take the utmost precautions to ensure that neither you or any of your employees disseminate it to the public.
- 7.4 You acknowledge that any materials, concept, process, or improvement you develop in the operation or promotion of the Franchise will at all times be and remain our property. You agree to give us prompt notice of and all necessary information related to such development(s).
- ©2024 Fitstop USA, Inc. 7.5 We claim property rights in all the information about the operational, sales, promotional methods and techniques, and marketing methods and techniques of the Franchise System.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the brand employs several methods to communicate operational procedures, methods, techniques, and processes to its franchisees. These methods include manuals, ongoing consultation, and technology. Fitstop provides operational guidelines and policies through its manuals, which also cover social media usage and the Member Loyalty Program. Franchisees are required to adhere to the policies outlined in these manuals.
Fitstop offers ongoing consultation to franchisees on various aspects of the business, including operations, advertising, promotion, and administration. This consultation includes scheduled meetings with dedicated business performance coaches, which may occur weekly, monthly, or quarterly. However, Fitstop does not provide consultation related to employment practices.
Fitstop also uses technology to communicate important information. Franchisees are required to use specific computer hardware and software, and must utilize the Required Software and the CMS (presumably a content management system) in accordance with Fitstop's directions. Franchisees must also maintain 24-hour internet access and submit reports electronically in a compatible format. Fitstop retains property rights in all information about the operational, sales, promotional, and marketing methods and techniques of the Franchise System, including manuals, forms, lists, files, software, and information presented at meetings.